scottyc01

Hello All,

First, I would like to thank you all for your information and advice over the years. I have previously found this forum very useful. For some time now, I have been looking for help and advice but cannot seem to find any Information on my current situation.

I am a British Citizen & US Permanent Resident since April 2011 and have since been travelling between the US and the UK trying to finalise my move.

I met my British boyfriend just before I received my Green Card late 2010. He has no status In the US and this has slowed down the moving plans but we hope to live together In the US very soon. So far our trips to the US have been temporary. He has made a number of entries using the VWP and never overstayed. We hope to purchase a property once we have figured out a more permanent arrangement.

He recently became a director of his online company and we have been working together In the UK. Our plan is to set up in the US as soon as possible. We have discussed marriage although to my understanding even this method is not straightforward and will not allow him to live with me in the US right away… am I correct?

I hope I have supplied relevant information and would greatly appreciate any advice

Thanks

Noorah101

Your "move" was finalized on the day you became a US PR, because as of that date, the USA became your permanent home, even if all your belongings were not in the USA at the time. Hopefully you are maintaining strong ties to the USA (work, home, residence, banking, filing tax returns, etc), and hopefully your visits back to the UK are not too long at a time, and are for temporary reasons (visiting, not living).

His trips were temporary, because he was visiting the USA. Your permanent home is the USA, so your "trip" to the USA was not temporary. Your "temporary trips" are the ones you take outside the USA, so it's the other way around for you. You live in the USA, so your trip to the UK is temporary in nature.

Hopefully your job in the UK is not your only job (do you have a job in the USA?) If you are spending too much time outside the USA, and are working in the UK, it sounds as though you are putting your US PR status at risk for abandonment.

It IS straightforward. You first get married, then you file an I-130 towards his immigrant visa. But you are correct, it does not allow him to live with you in the USA right away. Look at the visa bulletin to see what the backlog is in that category...it might be a couple of years.

My advice for your own situation is not to spend too much time outside the USA, to maintain strong ties to the USA, so you don't put your US PR status at risk. It's not enough to just travel back to the USA now and then to maintain US PR status...you actually have to live in the USA.

As for your boyfriend, I would go ahead and get married and file the I-130 to get that started. In the meantime, the only way he can live in the USA before getting his immigrant visa, is if he qualifies for a visa based on his own merit, such as student, work, or investment.

Rene

Noorah101

Also, your thread title is a little confusing. A green card holder isn't "moving to the USA", you have already moved to the USA. It is only your UKC boyfriend that will be moving to the USA.

Rene

ian-mstm

Be aware that if you set up a business in the US, you're the only one who can work for the business. Your UKC boyfriend will not have permission to work in the US until such time as he gets a visa that will allow him to work in the US.

I mention this, because you keep saying "we" and "our"... when the fact is it's only you who can - at least, for now.

Ian

henryh

Question based on your username - are you a same-sex couple? If so, unfortunately the US immigration situation is completely different and much more difficult.